Contract Allowing Notice to be Given by Mail does Not Authorize Service of Petition by Mail

Parties to a ground lease, which allowed for 'notice' to be given by mail, went through an arbitration. The parties who lost arbitration brought a petition to vacate arbitration award, and their attorney mailed the petition to respondent's counsel. Respondent brought motion to quash service. California Court of Appeal affirmed: CCP § 1290.4 provides that unless the arbitration agreement makes a different provision, petition to vacate shall be served 'in the manner provided by law for the service of summons in an action.”
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.